The Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998

Statutory Instruments

1998 No. 1025

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998

Made

8th April 1998

Laid before Parliament

9th April 1998

Coming into force

8th May 1998

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 9(2) and 48(1) of the Plant Varieties Act 1997(1), after consultation with such organisations as appear to them to be representative of persons likely to be substantially affected, hereby make the following Order:—

Title and commencement

1.  This Order may be cited as the Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998 and shall come into force on 8th May 1998.

Specification of species and groups

2.  The species and groups listed in the Schedule to this Order are specified for the purposes of section 9(2) of the Plant Varieties Act 1997.

Donoughue

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

7th April 1998

Sewel

Parliamentary Under Secretary of State, Scottish Office

8th April 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

7th April 1998

Dubs

Parliamentary Under Secretary of State, Northern Ireland Office

8th April 1998

(article 2)

SCHEDULE FARM SAVED SEED—SPECIES AND GROUPS

Name	Common Name
Fodder plants
Cicer arietinum L.	Chickpea milkvetch
Lupinus luteus L.	Yellow lupin
Medicago sativa L.	Lucerne
Pisum sativum L. (partim)	Field pea
Trifolium alexandrinum L.	Berseem/Egyptian clover
Trifolium resupinatum L.	Persian clover
Vicia faba	Field bean
Vicia sativa L.	Common vetch
Cereals
Avena sativa	Oats
Hordeum vulgare L.	Barley
Oryza sativa L.	Rice
Phalaris canariensis L.	Canary grass
Secale cereale L.	Rye
X Triticosecale Wittm.	Triticale
Triticum aestivum L. emend. Fiori et Paol.Wheat
Triticum durum Desf.	Durum wheat
Triticum spelta L.	Spelt wheat
Potatoes
Solanum tuberosum	Potatoes
Oil and fibre plants
Brassica napus L. (partim)	Swede rape
Brassica rapa L. (partim)	Turnip rape
Linum usitatissimum	Linseed with the exclusion of flax

Explanatory Note

(This note is not part of the Order)

The Order specifies species and groups for the purposes of section 9(2) of the Plant Varieties Act 1997 (article 2 and the Schedule).

Section 9(1) of the Act, which sets out the arrangements relating to farm saved seed, only applies to species and groups which have been specified for the purposes of section 9(2).

A Regulatory Appraisal has been prepared and a copy has been placed in the library of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.

(1)

1997 c. 66; see section 49(1) for a definition of “the Ministers”.